A.K.ANNAMALAI J. - (1.) The 1st opposite party is the appellant.
(2.) The complainant/1st respondent filed a complaint against the appellant and the 2nd opposite party for payment of Rs.1,51,000/- towards the value of Tuflon Net Cloth and to pay Rs.20,000/- as damages from the opposite party.
(3.) The complainant is the owner of Motorized Fishing Boat bearing registration No.1183 and holding license from the Tamilnadu Fisherires Development Corporation and the vessel with fishing net were partially financed by the 2nd opposite party and they were insured with the 1st opposite party for the period from 3.6.05 to 2.6.06 against any loss to the vessel and fishing net. On 30.8.05 when the fishing operation was in progress near Sri Harikotta, due to giant fishes torned the tuflon fish net, which was beyond the control of the complainant on 31.8.2005. Against which the complainant claimed a sum of Rs.1,51,000/- for the loss sustained due to the damage caused to the fishing net including the cost for repair charges. But the 1st opposite party repudiated the claim by their letter dated 7.12.2005. Hence the complainant has come forward with the compliance.;